Knox+County+Education+Association+v.+Knox+County+Board+of+Education

Mary Bryson, Tiffany Thompson, and Whitney Harris Knox County Education Association v. Knox County Board Of Education United States Court of Appeals, 6th Circuit Argued June 11, 1998; Decided September 29, 1998

Background: The Knox County Board of Education in Tennessee made changes to its employee drug testing policy in the early 1990’s. This policy applied to all teachers other staff members who worked with students, including psychologists, social workers, school, occupational therapists, and physical therapists. Knox County School officials included two main categories of drug testing: testing as a result of reasonable suspicion of drug use and testing without reasonable suspicion of drug use for new or transferring employees. The Knox County Education Association, which represented Knox County Schools’ professional staff members, had objections to this new drug testing policy and challenged it in a court of law.

Decision and Rationale: The Court of Appeals was concerned with whether or not the Knox County Schools’ drug testing policy violated the teachers’ constitutional rights with regard to the fourth Amendment- the right to privacy. The Court did not rule on the policy as a whole; instead, they ruled on parts of the policy in an attempt to set a precedent for other school boards to follow when writing drug-testing policy. Suspicionless drug testing violates the fourth Amendment of the U.S. Constitution. It violates staff members’ reasonable expectations of privacy. Additionally, it did not appear to be needed at all in Knox County Schools. Drug testing staff members with reasonable suspicion is constitutional. It does not violate their right to privacy and it allows the government to “remove impaired employees from their jobs.” However, testing for alcohol with a reasonable suspicion is unconstitutional because alcohol tests can appear positive when the staff member consumed alcohol off-premises of the job.

Impact on Teaching: Although teachers’ rights to privacy are important and constitutionally mandated, they do not protect teachers from all types of drug tests. The safety of the children in public schools is of paramount importance. Teachers should not consume drugs and alcohol that interfere with their ability to keep their students safe at all times. School officials must have measures in place to make sure that schools are safe environments, so if a teacher does illegal drugs, on or off the premises of the school, he or she is putting both their students and their job at risk.

Quiz Question: True/**False** It is unconstitutional for school systems to drug test teachers, even if there is a reasonable suspicion.